Ex-Waiter Serves Tavern with Tip-Sharing Lawsuit

This article from the New Jersey Journal discusses another wage and hour violation case filed by the prolific Joseph, Herzfeld, Hester & Kirschenbaum LLP attorney Maimon Kirschenbaum.

The restaurant under the gun this time is a New Jersey establishment, the Light House Tavern. The plaintiff, a 35 year old waiter named Fernando Comas, claims he was fired after management learned that he had been contemplating legal action against the Light House Tavern for wage and hour violations.

Among the complaints alleged by Comas:

  • The restaurant did not pay the statutory mandated rate for overtime.
  • Waiters' tips were garnished illegally and given to dishwashers and managers.
  • Waiters were illegally forced to use tip money to pay to wash their uniforms.

Kirschenbaum, who has developed a reputation as an unstinting guardian of beleaguered restaurant workers in New York City, has now increased his range to New Jersey.